- 1 - HC-KAR NC: 2026:KHC:6546 CRL.P No. 6634 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6634 OF 2023 BETWEEN: SRI. SUJESH PACHIRIYAN, S/O RAVINDRAN P., AGED ABOUT 40 YEARS, R/AT. PACHIRIYAN HOUSE, PO. VENGAD, KANNUR DISTRICT, KERALA – 670 612. AS INDICATED IN FIR, R/AT:PADMA SALE, ANJARAKANDY, VENGAD VILLAGE, KANNUR DISTRICT, KERALA – 670 612. …PETITIONER (BY SRI. AMAR CORREA, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ATTIBELE POLICE STATION, BENGALURU DISTRICT – 562 107, REPRESENTED BY STATE PUBLIC PROSECUTOR/HCGP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SMT. SHRUTHI R., W/O SUJESH PACHIRIYAN, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6546 CRL.P No. 6634 of 2023 D/O RAVEENDRAN VV, AGED ABOUT 35 YEARS, R/AT: FLAT NO. CB-004, CENTRAL BLOCK, SHRI RAM SMRUTHI APARTMENT, BIDARUGUPPE VILLAGE, ANEKAL TALUK, BENGALURU – 562 017. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL.SPP FOR R-1; SRI. B.K.MOHAN, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO 1.QUASH THE FIR AND COMPLAINT IN CR.NO.204/2022, REGISTERED AGAINST THE PETITIONER WHO IS ACCUSED BY THE RESPONDENT NO.1 ATTIBELE POLICE FOR THE OFFENCES P/U/S 3 AND 4 OF D.P ACT AND UNDER SEC.498A, 504, 323 OF IPC, PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT ANEKAL, BENGALURU VIDE ANNEXURE A AND B AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "i. Quash the FIR and Complaint in Crime No. 204/2022, registered against the Petitioner who is Accused, by the Respondent No. 1 Attibele Police, for the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act and under Sections 498A, 504, 323 of Indian Penal Code, pending on the file of the Additional Civil Judge (Jr. Dn) and JMFC Court, Anekal, Bengaluru, vide ANNEXURE:- "A" and "B", and; - 3 - HC-KAR NC: 2026:KHC:6546 CRL.P No. 6634 of 2023 ii. Hold that, the actions of the Respondent No.1 Police in registering the compliant of the Respondent No.2 in Crime No. 204/2022 and immediately commencing the investigation, without preliminary inquiry, are in violation of the law laid down by the Hon'ble Supreme Court of India in Lalita Kumari v/s Government of Uttar Pradesh and others, (2014) 2 SCC 1 and in Arnesh Kumar v. State of Bihar and another (2014)8 SCC 273, produce at ANNEXURE:- "A" and "B", and; iii. Pass such other order as deemed fit in view of the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri.Amar Correa, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri.B.K.Mohan, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the subsistence of the said petition, in a matrimonial appeal before the High Court of Kerala, parties to the lis have settled the dispute by drawing up certain terms of settlement. The settlement reads as follows: "MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:- - 4 - HC-KAR NC: 2026:KHC:6546 CRL.P No. 6634 of 2023 1. The above Mat Appeal No.966/2025 is filed challenging the Judgment dated 3/09/2025 in OP No.238/2021 on the files of Family Court, Kasaragod. 2. The above Mat Appeal No.1097/2025 is filed challenging the Judgment dated 3/09/2025 in OP No.325/2021 on the files of Family Court, Kasaragod. 3. OP No. 238/2021 was filed by Mr.Sujesh Pachiriyan/1st respondent seeking to declare him as the guardian of his daughter Abheri. 4. OP No.325/2021 was filed by Mr.Sujesh Pachiriyan/1st respondent seeking divorce from Shruthi R/Appellant. 5. The mother of the Appellant Sheela P., herein after be referred as 2nd respondent in Mat Appeal No.1097/2025. 6. The matter has been settled between the parties on the following terms:- i) The 1st respondent will be the legal guardian of the daughter Abheri till she attains her majority. However, Abheri will be with the permanent custody of her mother i.e, the appellant. ii) The appellant shall provide access to the respondents 1 and 2, to contact Abheri as and when required, through Video calls or phone calls. iii) As the 1st respondent is presently employed in United States of America and is planning to come back to India during March 2026, the appellant shall not object the 1st respondent in meeting Abheri on Saturdays and Sundays, after the 1st respondent arrives in India. The venue of meeting will be mutually decided by the parties at the relevant time. iv) The appellant hereby undertakes that she will not oppose if Abheri intends to stay overnight with the 1st respondent. This arrangement is agreed between the parties, applies during the period of School Vacations also which includes Pooja Holidays, Winter Holidays during December and Summer Holidays. The duration of overnight stay will be at the pleasure of Abheri. - 5 - HC-KAR NC: 2026:KHC:6546 CRL.P No. 6634 of 2023 4. Therefore, in light of the settlement arrived at between the parties quoted supra and the offences not being against the State, I deem it appropriate to terminate the proceedings pending against the petitioner in the subject petition. 5. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings/investigation in Crime No.204/2022 registered for the offences punishable under Sections 498A, 504, 323 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, pending before the Additional Civil Judge (Jr. Dn) and JMFC Court, Anekal, Bengaluru Rural District, qua the petitioner stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 4 Sl No.: 7